Where is the underlying concept of the criminal justice system "innocent until proven guilty" to be found?

Question

Is this concept to be found in the Constitution of the United States, in the Declaration of Independence, in the Bill of Rights, or is it to be found someplace else?
Thank you for your help.
Joe Conrad

Answer 1

The underlying concept is from English Common law, which in turn came from Roman Law. This is why we see the same rights in all of the English colonies and across Europe.

Iustitia est constans et perpetua voluntas ius suum cuique tribuens

"Justice is the constant and perpetual will to provide to each what he is due."--Justinian

The Roman laws were codified in the 5th century BC by the decemvir and in the 6th century AD by emperor Justinian

Innocent until proven guilty requires that someone be made to answer for their crimes and the case to be decided in court before punishment is exacted. The defendant is presumed to have rights as a free citizen. The moment they are found guilty, they are stripped of some if not all rights (such as freedom if a natural citizen.

The twelve tablets of the decemvir survive in fragments, but we can tell from scores of court cases that Roman Citizens had rights guaranteed by these tablets and other decrees. One of these rights was to stand in defense of the accusations at trial. This is why there was the common cry of "civis romanus sum" "I am a Roman citizen". The distinctions of the rights of a Roman citizen are hinted slightly at in the court case of Cicero Pro Archia Poeta.

We don't have a specific amendment that says "innocent until proven guilty", but that phrase is part of a concept that is an unwritten law over two thousand years old. It is echoed in our Constitution and in the works of Hobbes and Locke.

Answer 2

Yes, it is implied in the Constitution- more accurately, in the Amendments.

Here is a link you can check out:

http://en.wikipedia.org/wiki/Presumption_of_innocence

But you know what- 'innocent until proven guilty' is a fallacy, in reality. Most ordinary people don't know that.

Just like the governmental agency responsible for paying foreign debts- its called the Federal Reserve Accounting Unit Device. See what it spells out when you take the first letter from each word? Same basic idea.

Answer 3

The US Supreme Court first used this concept in U.S. v. Peters: "every man will be presumed innocent ..., till the contrary is proved." , 3 U.S. 121, 128 (1795). See also Locke v. U.S., 11 U.S. 339 (1813).

The 6th Amendment refers to the rights of the "accused", which implies that someone is not guilty merely by accusation.

Answer 4

that is an excellent question!

here's what i got on it..

Although the Constitution of the United States does not cite it explicitly, presumption of innocence is widely held to follow from the 5th, 6th and 14th amendments. See also Coffin v. United States

Answer 5

It is for sure not found in the daily court system in NSW, Australia.

The australian justice try to jail as many people as possible to make business with them to force them to work for low wages. For example the Blackmail system in June Prison. In my opinion are working the judges, prosecution and the justice there are together.

Answer 6

If you watch COPS on t.v., they always say that at the end of the show. Also on Animal Cops.
Oh, and if you do jury duty in federal murder case....they'll tell you that, too.
I don't know where it's found....but if law enforcement folks keep saying it, I guess it's true.

Answer 7

Not in Guantanomo.